Mbabane – The Industrial Court of Appeal has set aside orders that required the Government to receive and process overtime claims submitted by firefighters represented by the National Public Service and Allied Workers Union (NAPSAWU).
The appeal court found that the overtime claims were disputed and that the firefighters had not established that the amounts submitted complied with the applicable collective agreement, arbitration award and Government General Orders.
As a result, the court upheld the Government’s appeal and dismissed NAPSAWU’s application. Each party was ordered to pay its own legal costs.
The dispute arose after NAPSAWU approached the Industrial Court over overtime claims involving members employed by the National Fire and Emergency Services.
The union had complained that the Government had failed or refused to accept and process overtime claim forms submitted on behalf of the firefighters.
In February 2025, the Industrial Court ordered the Government to receive the claims and process them within three months.
A further order issued in December 2025 directed the Government to calculate the overtime payments in accordance with Government General Order A250(ii) and the interpretation of an arbitration award issued in November 2022.
The government challenged both orders before the Industrial Court of Appeal.
In its appeal, the Government argued that the claims had not been calculated correctly and that the figures submitted did not comply with the requirements governing overtime payments.
The government maintained that firefighters were required to work 208 ordinary hours per month and that overtime could only be claimed for hours worked beyond the prescribed monthly hours.
The appeal court found that the arbitration award was clear and did not require a further interpretation by the Industrial Court.
It held that NAPSAWU had the responsibility to show that the overtime claims submitted by its members had been calculated in line with the applicable agreement, arbitration award and Government regulations.
The court found that there was a genuine dispute regarding the correctness of the calculations and that the Government could not be compelled to process claims whose accuracy had not been established.
It further found that the Industrial Court had erred by ordering the Government to receive and process the claims before the dispute concerning the calculations had been resolved.
The appeal court said the earlier orders could not stand because the claims had not been shown to comply with the legal and administrative requirements governing overtime payments.
The court consequently set aside the Industrial Court orders issued in February and December 2025 and replaced them with an order dismissing NAPSAWU’s application.
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